Stephenson v. City of New York

Saxe, J.P., and Abdus-Salaam, J.,

dissent in a memorandum by Saxe, J.P., as follows: When a student assaults another student during school hours and on school property, and then assaults the same student again two days later off school grounds, the school may, in appropriate circumstances, be liable for the victim’s injuries arising from the second assault, if the second incident was foreseeable and the school failed to take appropriate action to prevent it.

The majority finds, as a matter of law, that even if the school breached its duty, its conduct was not the proximate cause of the victim’s…